DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Response to Amendment
Note that claim 59 filed 6/20/2025 does not appear to include claim text with required markings with respect to the text of original previously presented claim 59. More specifically, the claim includes supposedly additional text which appear to be an attempt to amend similar to claims 54-58 and 64-69, however without the indications of deletion by crossing out the deleted text. In the interests of efficiency, the claims have been examined below; however, please note that any future amendment included in a response to this Detailed Action must set forth the claims with correct status designation as explained in 37 C.F.R. 1.121(c).
Claim Objections
Claim 59 is objected to because of the following informalities:
Claim 59, line 1, “oysters, wherein the apparatus for cultivating oysters is configured to be operable within a body of water as described” should be changed to --oysters as described--.
Appropriate correction is required.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 50 and 60 are rejected under 35 U.S.C. 103 as being unpatentable over Mortensen (US 7661390).
Regarding claim 50, Mortensen discloses an apparatus for cultivating oysters (30), wherein the apparatus for cultivating oysters is configured to be operable within a body of water (col. 1, lines 7-9), the apparatus for cultivating oysters comprising: a drive mechanism ((31 a and 31 b), col. 3, line 66 – col. 4, line 2, drives, suitable mechanism capable of raising/lowering containers with the mass concerned); a plurality of spaced apart water permeable containers (Fig. 1, col. 5, lines 38-43), each spaced apart water permeable container constructed and arranged to hold a plurality of oysters and mounted to the drive mechanism (Fig. 3, col. 1, lines 7-9), wherein a first portion of the plurality of spaced apart water permeable containers are in a side by side relationship with a second portion of the plurality of spaced apart water permeable containers (Fig. 3 shows side by side relationship of spaced apart containers); and a buoyancy float (col. 3, lines 46-48, 53-62, connected to a float) that is positioned at an upper portion of the drive mechanism, the drive mechanism suspended from the buoyancy float in the body of water (Fig. 3, near the opening of the working platform (32)); wherein the drive mechanism is constructed to move the plurality of spaced apart water permeable containers sequentially vertically downward in the body of water and vertically upward in a continuous loop (Fig. 3 and col. 4, lines 6-9, 13-16, with direct transfer between the two stacks, raised on one side and lowered on the other side, col. 5, line 59 – col. 6, line 33); and wherein the buoyancy float positions the drive mechanism in the body of water so that a water permeable container is positioned above a surface of the body of water and a portion of the spaced apart water permeable containers are positioned below the surface of the body of water as the spaced apart water permeable containers rotate through the continuous loop (Fig. 3, col. 3, lines 46-48, 53-67, col 4, lines 1-2).
Although the invention is disclosed in a single reference, as set forth in 35 U.S.C. 102, the claimed invention is a combination of different embodiments. The combination of embodiments of this reference provides teaching such that the claimed invention as a whole would have been obvious before the effective filling date of the claimed invention to one having ordinary skill in the art to which the claimed invention pertains (see Mortensen: col. 7, lines 25-26).
Regarding claim 60, Mortensen discloses an apparatus for cultivating oysters (30), wherein the apparatus for cultivating oysters is configured to be operable within a body of water (col. 1, lines 7-9), the apparatus for cultivating oysters comprising: a drive mechanism ((31 a and 31 b), col. 3, line 66 – col. 4, line 2, drives, suitable mechanism capable of raising/lowering containers with the mass concerned); a plurality of spaced apart water permeable containers (Fig. 1, col. 5, lines 38-43), each water permeable container constructed and arranged to hold a plurality of oysters and mounted to the drive mechanism (Fig. 3, col. 1, lines 7-9), wherein a first portion of the plurality of spaced apart water permeable containers are in a side by side relationship with a second portion of the plurality of spaced apart water permeable containers (Fig. 3 shows side by side relationship of spaced apart containers); and a buoyancy float (col. 3, lines 46-48, 53-59, connected to a float), the drive mechanism extending from the buoyancy float in the body of water (Fig. 3, near the opening of the working platform (32)); wherein the drive mechanism is constructed to move the plurality of spaced apart water permeable containers sequentially vertically downward in the body of water and vertically upward in a continuous loop (Fig. 3 and col. 4, lines 6-9, 13-16, with direct transfer between the two stacks, raised on one side and lowered on the other side, col. 5, line 59 – col. 6, line 33); and wherein the buoyancy float positions the drive mechanism in the body of water so that a water permeable container is positioned above a surface of the body of water and a portion of the spaced apart water permeable containers are positioned below the surface of the body of water as the plurality of water permeable containers rotate through the continuous loop (Fig. 3, col. 3, lines 46-48, 53-67, col. 4, lines 1-2).
Although the invention is disclosed in a single reference, as set forth in 35 U.S.C. 102, the claimed invention is a combination of different embodiments. The combination of embodiments of this reference provides teaching such that the claimed invention as a whole would have been obvious before the effective filling date of the claimed invention to one having ordinary skill in the art to which the claimed invention pertains (see Mortensen: col. 7, lines 25-26).
Claims 51-52 and 61-62 are rejected under 35 U.S.C. 103 as being unpatentable over Mortensen (US 7661390) as applied to claims 50 & 60 above, in further view of Kennedy (US 4270488).
Regarding claim 51, Mortensen discloses the apparatus of claim 50, and discloses the apparatus may include automated functions (col. 4, lines 20-25). Mortensen does not explicitly disclose wherein a buoyancy controller is configured to control the operation of the buoyancy float.
Kennedy, like Mortensen, teaches an apparatus for cultivating oysters, and further teaches wherein a buoyancy controller is configured to control the operation of the buoyancy float (col. 4, lines 18-21).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the apparatus of Mortensen to include a buoyancy controller as taught by Kennedy, with a reasonable expectation of success, in order to provide better control when adjusting requirements for the cultivation of the oysters relating to time below the surface of the water and/or how far out in the body of water the apparatus is located.
Regarding claim 52, Mortensen discloses the apparatus of claim 50. Mortensen does not explicitly disclose wherein the buoyancy float provides user selectable positioning of the plurality of spaced apart water permeable containers in the body of water.
Kennedy, like Mortensen, teaches an apparatus for cultivating oysters, and further teaches wherein the buoyancy float provides user selectable positioning of the plurality of spaced apart water permeable containers in the body of water (col. 9, lines 28-35 notes a buoyancy float controlling the positioning of the water permeable containers).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the apparatus of Mortensen with selectable positioning from the buoyancy float as taught by Kennedy with a reasonable expectation of success in order to allow for the right positioning the oysters for each stage of the cultivation process, including extending out of the water for points of time (Kennedy: col. 9, lines 28-35).
Regarding claim 61, Mortensen discloses the apparatus of claim 60, and discloses the apparatus may include automated functions (col. 4, lines 20-25). Mortensen does not explicitly disclose wherein a buoyancy controller is configured to control the operation of the buoyancy float.
Kennedy, like Mortensen, teaches an apparatus for cultivating oysters, and further teaches wherein a buoyancy controller is configured to control the operation of the buoyancy float (col. 4, lines 18-21).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the apparatus of Mortensen to include a buoyancy controller as taught by Kennedy with a reasonable expectation of success in order to provide better control when adjusting requirements for the cultivation of the oysters relating to time below the surface of the water and/or how far out in the body of water the apparatus is located.
Regarding claim 62, Mortensen discloses the apparatus of claim 60. Mortensen does not explicitly disclose wherein the buoyancy float provides user selectable positioning of the plurality of spaced apart water permeable containers in the body of water.
Kennedy, like Mortensen, teaches an apparatus for cultivating oysters, and further teaches wherein the buoyancy float provides user selectable positioning of the plurality of spaced apart water permeable containers in the body of water (col. 9, lines 28-35 notes a buoyancy float controlling the positioning of the water permeable containers).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the apparatus of Mortensen with selectable positioning from the buoyancy float as taught by Kennedy with a reasonable expectation of success in order to allow for the right positioning the oysters for each stage of the cultivation process, including extending out of the water for points of time (Kennedy: col. 9, lines 28-35).
Claims 53, 59, 63, and 69 are rejected under 35 U.S.C. 103 as being unpatentable over Mortensen (US 7661390) as applied to claims 50 & 60 above, in further view of Drengstig et al. (US 7357097).
Regarding claim 53, Mortensen discloses the apparatus of claim 50. Mortensen does not explicitly disclose wherein the plurality of spaced apart water permeable containers are rotated 360 degrees as the plurality of spaced apart water permeable containers move in the continuous loop.
Drengstig et al., like Mortensen, teaches an apparatus for cultivating shellfish, and further teaches wherein the plurality of spaced apart water permeable containers are rotated 360 degrees as the plurality of spaced apart water permeable containers move in the continuous loop (Fig. 3, col. 2, line 65 - col. 3, line 7).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the apparatus of Mortensen to include the rotation of the containers as taught by Drengstig et al., with a reasonable expectation of success, in order to provide a means to help remove waste and remaining feed (Drengstig et al.: col. 2, line 65 - col. 3, line 7).
Regarding claim 59, Mortensen discloses the apparatus of claim 50. Mortensen does not explicitly disclose wherein the plurality of spaced apparat water permeable containers each rotate relative to the drive mechanism that moves the plurality of spaced apart water permeable containers in the continuous loop as the plurality of spaced apart water permeable containers move in the continuous loop, and the plurality of spaced apart water permeable containers are constructed to roll the plurality of oysters within the plurality of spaced apart water permeable containers.
Drengstig et al., like Mortensen, teaches an apparatus for cultivating shellfish, and further teaches wherein the plurality of spaced apart water permeable containers each rotate relative to the drive mechanism that moves the plurality of spaced apart water permeable containers in the continuous loop as the plurality of spaced apart water permeable containers move in the continuous loop (Fig. 3 shows the rotation relative to the drive mechanism), and the plurality of spaced apart water permeable containers are constructed to roll the plurality of oysters within the plurality of spaced apart water permeable containers (Fig. 3, col. 2, line 65 - col. 3, line 7 notes the rotation of the water permeable containers, the rotation would allow for the rolling of oysters within the containers. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the apparatus of Mortensen to include the rotation of the water permeable containers as is taught by Drengstig with a reasonable expectation of success in order to provide a means to help remove waste and remaining feed (Drengstig et al.: col. 2, line 65 - col. 3, line 7).
Regarding claim 63, Mortensen discloses the apparatus of claim 60. Mortensen does not explicitly disclose wherein the plurality of spaced apart water permeable containers are rotated 360 degrees as the plurality of spaced apart water permeable containers move in the continuous loop.
Drengstig et al., like Mortensen, teaches an apparatus for cultivating shellfish, and further teaches wherein the plurality of spaced apart water permeable containers are rotated 360 degrees as the plurality of spaced apart water permeable containers move in the continuous loop (Fig. 3, col. 2, line 65 - col. 3, line 7).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the apparatus of Mortensen to include the rotation of the containers as taught by Drengstig et al., with a reasonable expectation of success, in order to provide a means to help remove waste and remaining feed (Drengstig et al.: col. 2, line 65 - col. 3, line 7).
Regarding claim 69, Mortensen discloses the apparatus of claim 60. Mortensen does not explicitly disclose wherein the plurality of spaced apparat water permeable containers each rotate relative to the drive mechanism that moves the plurality of spaced apart water permeable containers in the continuous loop as the plurality of spaced apart water permeable containers move in the continuous loop, and the plurality of spaced apart water permeable containers are constructed to roll the plurality of oysters within the plurality of spaced apart water permeable containers.
Drengstig et al., like Mortensen, teaches an apparatus for cultivating shellfish, and further teaches wherein the plurality of spaced apart water permeable containers each rotate relative to the drive mechanism that moves the plurality of spaced apart water permeable containers in the continuous loop as the plurality of spaced apart water permeable containers move in the continuous loop (Fig. 3 shows the rotation relative to the drive mechanism), and the plurality of spaced apart water permeable containers are constructed to roll the plurality of oysters within the plurality of spaced apart water permeable containers (Fig. 3, col. 2, line 65 - col. 3, line 7 notes the rotation of the water permeable containers, the rotation would allow for the rolling of oysters within the containers. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the apparatus of Mortensen to include the rotation of the water permeable containers as is taught by Drengstig with a reasonable expectation of success in order to provide a means to help remove waste and remaining feed (Drengstig et al.: col. 2, line 65 - col. 3, line 7).
Claims 54-55 and 64-65 are rejected under 35 U.S.C. 103 as being unpatentable over Mortensen (US 7661390) as applied to claims 50 & 60 above respectively, further in view of Boyle (US 2020/0060242).
Regarding claim 54, Mortensen discloses the apparatus of claim 50. Mortensen does not explicitly disclose the apparatus further comprising a device for capturing and storing energy, wherein the energy is used to power the drive mechanism that moves the plurality of spaced apart water permeable containers in the continuous loop.
Boyles, like Mortensen, teaches an apparatus for cultivating oysters and further teaches the apparatus comprises a device for capturing and storing energy (paragraphs [0077] and [0101] note solar panels and batteries are options which capture and store energy), wherein the energy is used to power the drive mechanism that moves the plurality of spaced apart water permeable containers in a continuous loop (paragraph [0077]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the apparatus of Mortensen to include a device for capturing and storing energy as taught by Boyles, with a reasonable expectation of success, understanding that having renewable energy stored on the apparatus may allow for extended time out on the body of water for the apparatus before having to service the apparatus and the ability to maintain power to a various amount of components of the apparatus.
Regarding claim 55, Mortensen as modified by Boyle teaches the apparatus of claim 54, and teaches (references to Boyle) wherein the device for capturing solar energy and storing the energy comprises photovoltaic panels (solar panels as mentioned in paragraphs [0077] and [0101] are photovoltaic).
Regarding claim 64, Mortensen discloses the apparatus of claim 60. Mortensen does not explicitly disclose the apparatus further comprising a device for capturing and storing energy, wherein the energy is used to power the drive mechanism that moves the plurality of spaced apart water permeable containers in the continuous loop.
Boyles, like Mortensen, teaches an apparatus for cultivating oysters and further teaches the apparatus comprises a device for capturing and storing energy (paragraphs [0077] and [0101] note solar panels and batteries are options which capture and store energy), wherein the energy is used to power the drive mechanism that moves the plurality of spaced apart water permeable containers in a continuous loop (paragraph [0077]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the apparatus of Mortensen to include a device for capturing and storing energy as taught by Boyles with a reasonable expectation of success, understanding that having renewable energy stored on the apparatus may allow for extended time out on the body of water for the apparatus before having to service the apparatus and the ability to maintain power to a various amount of components of the apparatus.
Regarding claim 65, Mortensen as modified by Boyle teaches the apparatus of claim 64, and teaches (references to Boyle) wherein the device for capturing solar energy and storing the energy comprises photovoltaic panels (solar panels as mentioned in paragraphs [0077] and [0101] are photovoltaic).
Claims 56-57 and 66-67 are rejected under 35 U.S.C. 103 as being unpatentable over Mortensen (US 7661390) in view of Boyle (US 2020/0060242) as applied to claims 54 & 64 above respectively, and further in view of Zhang et al. (CN 108207727).
Regarding claim 56, Mortensen as modified by Boyle teaches the apparatus of claim 54. However, Mortensen as modified by Boyle does not explicitly teach the apparatus further comprising a repositioning device that repositions the photovoltaic panels and optimizes solar energy capture.
Zhang et al. teaches a repositioning device for the photovoltaic panels (paragraph [0047] of machine translation details the solar panel (6) can be directly fixed to the rotating rod (2) through a sliding hinge. The panel is then capable of moving to provide access to the water permeable containers of Mortensen).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the apparatus of Mortensen modified by Boyle to include the ability to rotate the solar panels as taught by Zhang et al. in order to receive the most sunlight possible to provide energy, and to be flexible in the configuration of the apparatus.
Regarding claim 57, Mortensen as modified by Boyle teaches the apparatus of claim 54. However, Mortensen as modified by Boyle does not explicitly teach wherein the device means for capturing and storing energy comprises components for converting water currents into energy.
Zhang et al. teaches wherein the device means for capturing and storing energy comprises components for converting water currents into energy (paragraphs [0043] and [0048] of machine translation details rotating energy of the net cleaning mechanism comes from the sea current driving the scrubbing mechanism to rotate around the rotating track).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the apparatus of Mortensen modified by Boyle to include a means for converting water currents into energy as taught by Zhang et al. since there is an abundance of water currents in the location of the apparatus to be able to take advantage of in order to reduce costs and be more environmentally friendly or as an alternative to the solar panels during times of low sun volume.
Regarding claim 66, Mortensen as modified by Boyle teaches the apparatus of claim 64. However, Mortensen as modified by Boyle does not explicitly teach the apparatus further comprising a repositioning device that repositions the photovoltaic panels and optimizes solar energy capture.
Zhang et al. teaches a repositioning device for the photovoltaic panels (paragraph [0047] of machine translation details the solar panel (6) can be directly fixed to the rotating rod (2) through a sliding hinge. The panel is then capable of moving to provide access to the water permeable containers of Mortensen).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the apparatus of Mortensen modified by Boyle to include the ability to rotate the solar panels as taught by Zhang et al. in order to receive the most sunlight possible to provide energy, and to be flexible in the configuration of the apparatus.
Regarding claim 67, Mortensen as modified by Boyle teaches the apparatus of claim 64. However, Mortensen as modified by Boyle does not explicitly teach wherein the device means for capturing and storing energy comprises components for converting water currents into energy.
Zhang et al. teaches wherein the device means for capturing and storing energy comprises components for converting water currents into energy (paragraphs [0043] and [0048] of machine translation details rotating energy of the net cleaning mechanism comes from the sea current driving the scrubbing mechanism to rotate around the rotating track).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the apparatus of Mortensen modified by Boyle to include a means for converting water currents into energy as taught by Zhang et al. since there is an abundance of water currents in the location of the apparatus to be able to take advantage of in order to reduce costs and be more environmentally friendly or as an alternative to the solar panels during times of low sun volume.
Claims 58 and 68 are rejected under 35 U.S.C. 103 as being unpatentable over Mortensen (US 7661390) as applied to claims 50 & 60 above repectively, and in further view of Wang et al. (CN 107242176).
Regarding claim 58, Mortensen discloses the apparatus of claim 50. Mortensen does not explicitly disclose the apparatus further comprising: a sensor configured to measure oxygen in water; and an aerating device configured to automatically provide oxygen in an area of the body of water that includes a water permeable container of the plurality of spaced apart water permeable containers.
Wang et al. teaches an apparatus for cultivation (line 10 of machine translation) comprising a sensor configured to measure oxygen in water (paragraph [0013] of machine translation); and an aerating device (lines 162-163 of machine translation) configured to automatically provide oxygen in an area of the body of water that includes a water permeable container of the plurality of spaced apart water permeable containers (lines 162-163 of machine translation).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the device of Mortensen with a reasonable expectation of success to include a sensor to measure oxygen in water and aerating device as taught by Wang et al. in order to prevent oxygen to be below a certain number in order to avoid unfavorable environment for the cultivation of the species.
Regarding claim 68, Mortensen discloses the apparatus of claim 60. Mortensen does not explicitly disclose the apparatus further comprising: a sensor configured to measure oxygen in water; and an aerating device configured to automatically provide oxygen in an area of the body of water that includes a water permeable container of the plurality of water permeable containers.
Wang et al. teaches an apparatus for cultivation (line 10 of machine translation) comprising a sensor configured to measure oxygen in water (paragraph [0013] of machine translation); and an aerating device (lines 162-163 of machine translation) configured to automatically provide oxygen in an area of the body of water that includes a water permeable container of the plurality of spaced apart water permeable containers (lines 162-163 of machine translation).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the device of Mortensen with a reasonable expectation of success to include a sensor to measure oxygen in water and aerating device as taught by Wang et al. in order to prevent oxygen to be below a certain number in order to avoid unfavorable environment for the cultivation of the species.
Response to Arguments
Applicant's arguments filed 6/20/2025 have been fully considered but they are not persuasive.
With respect to claims 50 and 60, Applicant argued that Mortensen fails to disclose a drive mechanism that moves the containers in a continuous loop. Therefore, Applicant argued that Mortensen does not read on the claims.
The examiner respectfully disagrees. As the rejection above has been revised to impart further details of the reference and how it discloses the claimed limitations, it is noted that the instant claims do not inherently claim an “automated system” as Applicant argued. As noted above, Mortensen discloses in col. 4, lines 6-9, 13-16, with direct transfer between the two stacks, raised on one side and lowered on the other side, col. 5, line 59 – col. 6, line 33, the claimed limitations of “the drive mechanism is constructed to move the plurality of spaced apart water permeable containers sequentially vertically downward in the body of water and vertically upward in a continuous loop”. Since the prior art shows these limitations in separate embodiments, the rejection has been changed to a 103 rejection based on the current language of the instant claim. Therefore, the prior art reads on the claims.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CARLY W. LYNCH whose telephone number is (571)272-5552. The examiner can normally be reached Monday-Thursday 7:30am-5:30pm, Eastern Time, alternate Friday.
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/CARLY W. LYNCH/Examiner, Art Unit 3643